Intent To Deny – Gurus Please Help!!

N

Nandit Barua

Registered Users (C)
Guys, I am the one who had interview in Baltimore on 4/19/01. I just received an “Intent to Deny” notice. The reasons are as follows:

1. Their wage history inquiry with the State on Maryland Office of Employment Securities has found out that my employer did not report any tax payment for the last four quarters for me.
2. My W-2 for 1999 and 2000 look different as the former was done my ADP and the later by my company in-house which was manually typed.
3. Also, my W-2 income falls below the amount indicated in labor certification

At this point they see it as “Misrepresentation” which is very serious.

My points are:

1. I got paid my net salary and did not bother to see what the employer did with the taxes as I do no work at their payroll department.
2. Having W-2’s done in-house is not forbidden and when they are done in different places they will look different that’s normal.
3. During the interview I told the officer that we had a cafeteria health insurance plan which means that the taxable income are determined by subtracting the insurance amount from the gross. They just did not bother to look at my paystubs where it is indicated.

Now, if I can not show some solid proofs that I am not the one who did something wrong I will be found guilty of misrepresentation. That probably means I will never be able to apply for a US visa again.

Please suggest, as to what I should do?
 
No Title

sorry to hear that. But please don\'t loose control.
talk to your lawyer first.
1. Did you file the tax papers and W2s with your application?
2. your company can file the tax(if they have not done so far..) with the penalty and their CPA can
   take care of it. They can definitely get out of it by paying penalty.
3 your W2 should have the right salary, but it should be as your H1 says. GC is for future job.
as long as you have the employment letter, you should be fine.
4 at last you can file a motion your lawyer can save you. consult atleast two lawyers.

did you get such notice in hand or your lawyer read it for you over the phone?
all the best my friend,
sincerely,
ppc.
 
No Title

also, what were the exact question answer series at the interview?
please let us know. it will be helpfull for all of us as well as you.
 
No Title

Take advice of Sheela Murthy or Rajiv Khanna, they are competitive lawyers , they will help u out oof this situtation.
When you say last four quarters , u mmean on ur paystubb whihc u recieve there was no detail of ur taxes being withheld? such as Fed tax, state tax medicasre social security and so on?
How its possible company has to give the details of it on paystubbs.
Anyways one more thing, are u talking about the wage history of 2000 or 2001? Please tell me this then i can tell you that u need to worry or not.
Thanks
 
No Title

Sorry to hear that, as the other guy said, the salary does not
need to reflect what we have in labour certification,please
list the series of questions you were asked
 
No Title

Nandit,

Was your case sponsered by a desi employer (Gas Station or Motel) or was that a small company. Did your submit you paystub which was just like a regular check. Did you consult your lawyer. If you don\'t mind can you give us name of your lawyer. Please respond.

Thanks
 
No Title

Nadit, Sorry to hear the sad news from you! Don\'t give up your hope.

You should consult a very good lawyer immediately.

How big is your company? What did your employer is saying on this? To be frank I cannot beleive this, you should have be more carefull from your part too!
 
No Title

Nandit,

Sorry to hear what happended. Please dont loose hope. Things will work out for you.
 
No Title

THANKS GUYS, FOR ALL YOUR SUPPORT. I did receive the paychecks on time. Sometimes it happened, as the company was not doing well financially, they asked some employees not to cash the checks immediately. In stead they sometimes replaced those checks with a bunch of smaller checks the total being same as the total paychecks. Sometime in 1999 the company took over the payroll from outside company ADP. Probably that’s when they started messing up with the taxes, meaning they did withheld the taxes but did not pay the appropriate agencies. By the way mine was not a desi company. It was an American management consulting firm. My I-485 ND was 2/13/00.

The questions I was asked at the interview were like my job description, education, and the things that are in my labor certification, nothing that suspicious. The officer looked carefully at my W-2 as it was manually typed. I found out from some other companies that it’s absolutely OK to use typewriters to do W-2’s. Any suggestions as to which lawyer to see? Thanks.
 
No Title

THANKS FOR YOUR GUIDANCE PHILANTHROPIST. This is Nandit writing using someone else\'s computer, since I don\'t have the opportunity to access the interned during office hours.
Here is what happened. My company did not report any income against me starting from July 1999. However I did get paid. Do you think if my employer resubmit the tax, is it still salvage able? Thanks.
 
No Title

yEA IT CAN BE DONE IF UR EMPLOYER IS WILLING TO PAY UR TAXES BUT OFCOURSE UR COMPANY WILL HAVE TO PAY PENALTY ALSO,
dONT WORRY US HALL COME OUT OF THIS IN FLYING COLORS, I PRAY FOR U.
 
No Title

Response to your points:

1. I am not sure if you are liable for your employer\'s failure to file quarterly tax reports. Did they file federal reports ? If they did this, it should be proof enough that you were paid wages. The employer may have skipped MD filings. I think some consulting firms don\'t report to every state where a consultant may have worked. They leave it to the consultant to file a state return at the end of the tax year with an attendant penalty.

Secondly, if your employer filed for other employees in MD, but excluded you, then it may have been done deliberately and possibly fraudulently. However this should have an adverse impact on the employer and not you.

Thirdly, does your pay check stub or direct deposit advice show that MD taxes were deducted ? If they were deducted, but MD did not receive them, then your employer should be held accountable.

2. W-2s can be different depending on how they were printed but the format will be the same whether ADP or employer issued. I am not sure why this is an issue based on the information provided in the post.

3. Gross federal wages (box 1 on W-2) are not the same as individual states gross wages. If you earned $60000 in box 1 (federal gross wages) then box 17 on W-2 (state gross wages) need not necessarily be $60000. It could be higher or lower too. Whether it is higher, lower or same will depend on how the given state treats income, benefits, deductions, taxes. This treatment can vary from state to state.

Did you get multiple W-2s, one for each state you worked in or is it just one W-2 that you got ? If multiple, does the sum of all the W-2s help ? Are you in a place with local taxes ? If yes, check the figure in box 20 (local wages). Did you add up the gross reported on your pay advices and/ or check stubs ? Maybe your employer didn\'t add up the biweekly or monthly amounts correctly and entered lesser figure on W-2 either by mistake or maybe to understate their tax liability.

Check the prevailing wage for your occupation and geographical area when the LC was filed. Maybe that is in synch with your W-2. Another possibility, though remote, is that a typo on LC can explain the discrepany between W-2 wages and LC figure. Once you get the prevailing wages check the LC figure.

From earlier posts on this board I figured that actual wages could go as low as 95% of LC figure. Are your wages within that range ? If you work for certain entities (govt institutions, non-profit orgs, etc.) the allowed variation could be higher.

Finally, maybe your LC-H1 area and actual work places are different. It is also possible to pay past tax liability though there may be limitations on how far back it can go.
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It seems you are getting a raw deal and hope you can obtain professional help to present your case for INS review.
 
No Title

Nandit,

Hope you are getting some fresh leagl advice on your situation. Please do not loose hope as everything will work out well in the end.

One thing is not clear to me. Why did the interview officer look at your W2s. Did they ask you to bring them with you?

I have access to a CPA. If you need to get a tax question answered please post a message I will ask.
Thanks
 
No Title

surprising!
Whether you filed taxes for year 1999 and 2000
whether you got your W2 forms from your employer or not for
the years 1999 and 2000?

It is responsibility of your employer to give you your w2 forms.
Also it is the responsibility of the employer to pay you after cutting all taxes.

If the employer is so funny, Take him to IRS. IRS will take care of the employer. You dont need to worry.
 
No Title

Hi Nandit,

Sorry to hear about you case. Please consult some know attorneys like Rajiv Khanna to get you out of the situation.

I will pray God to get you out of this misery.

Tushar Shah
 
No Title

Talk to good attorney.

1)How much is the difference in W2 and Labour Certification amount.

2)Show the letter to your employer and ask him what he has to say.

3)There should not be any problem by getting payrolls done by ADP or in house. It does not matter as long as they pay the taxes fully.

4)Check whether the employer is doing this thing for you only(as he might be afraid that you will be leaving the company once you get your GC) or to all.

Please share the info. I was talking to Chutney,485pending and other guys who attended the lunch party on Saturday. Take their help if needed.

Please post your experience.
Believe in god, he will take care of the rest.

Good luck and god bless you.

Kiran
 
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